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Hon. United States District Diana Saldaña · U.S. District Court for the Southern District of Texas
Hon. United States District Diana Saldaña · U.S. District Court for the Southern District of Texas
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA VS. § § § § § AFFIDAVIT FOR MATERIAL WITNESS BEFORE ME, the undersigned authority, personally came and appeared the undersigned Agent, who being first duly sworn, deposed, and said: Testimony of the following person(s) is material in criminal proceedings against the defendant(s) named above. Designation and detention as material witnesses under 18 U.S.C. Section 3144 is requested for: These material witness(es) are citizen(s) of ________________________, and have admitted belonging to a class of aliens who are deportable, and to being illegally within the United States. Should they be released and returned to their native country, they will likely not be subject to be subpoenaed to the United States. Thus, it would be impracticable to secure their presence at such time as the case is called for trial so we request they be held as material witnesses. Agent Signature: Printed Name and Title: ____________________________________ ____________________________________ It is ORDERED that each of the above material witnesses this day brought before me, be committed to the custody of the United States Marshal=s Service on a $25,000 cash or surety bond, pending disposition of the above captioned case, at which time the United States Marshal=s Service shall release each witness from custody upon notice and request from the United States Attorney=s Office, Southern District of Texas, Laredo Division. Service of a United States Department of Justice Form OBD-3 (AFact Witness Voucher@) from the United States Attorney=s Office in Laredo, Texas, to the United States Marshal=s Service office in Laredo, Texas, regarding each material witness to be released shall satisfy such notice and request. Form revised 8/26/2016
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA COMMITMENT TO ANOTHER V. ____________________________ DISTRICT DOCKET NUMBER MAGISTRATE JUDGE CASE NUMBER DISTRICT OF ARREST DISTRICT OF OFFENSE DISTRICT OF ARREST DISTRICT OF OFFENSE CHARGES AGAINST THE DEFENDANT ARE BASED UPON AN 9Indictment 9Information 9Complaint 9Other (Specify) charging a violation of U.S.C. § DISTRICT OF OFFENSE DESCRIPTION OF CHARGES: CURRENT BOND STATUS: 9 Bail fixed at $ ______________________ and conditions were not met 9 Government moved for detention and defendant detained after hearing in District of Arrest 9 Government moved for detention and defendant detained pending detention hearing in District of Offense 9 Other (specify) Representation: 9 Retained Own Counsel 9 Federal Defender Organization 9 CJA Attorney 9 None Interpreter Required? 9 No 9 Yes Language: TO: THE UNITED STATES MARSHAL DISTRICT OF You are hereby commanded to take custody of the above named defendant and to transport that defendant with a certified copy of this commitment forthwith to the district of offense as specified above and there deliver the defendant to the United States Marshal for that District or to some other officer authorized to receive the defendant. ___________________ Date ________________________________________ Judge RETURN This commitment was received and executed as follows: DATE COMMITMENT ORDER RECEIVED PLACE OF COMMITMENT DATE DEFENDANT COMMITTED DATE UNITED STATES MARSHAL (BY) DEPUTY MARSHAL
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA V. ___________________________ § § § CR. NO. ______________________ CONSENT TO ADMINISTRATION OF GUILTY PLEA AND FED. R. CRIM. PROC. 11 ALLOCUTION BY UNITED STATES MAGISTRATE JUDGE I, ________________________________________, the defendant in the above-numbered and styled cause, with the advice of my attorney, hereby agree and consent to be advised of my rights and to enter a voluntary plea of guilty before a United States Magistrate Judge. I understand that the plea is subject to the approval of the United States District Court and that sentencing will be conducted by the District Court. SIGNED this _______ day of ___________________, _________. ______________________________ Defendant ______________________________ Attorney for Defendant _________________________________ Assistant United States Attorney
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA V. ______________________________ § § § CR. NO. ___________________________ § § CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE All parties to this case waive their right to proceed before a District Judge and consent to have a United States Magistrate Judge preside over voir dire and jury selection. __________________________________ _______________________________________ Defendant Attorney for Defendant __________________________________ Assistant United States Attorney ORDER TO PROCEED BEFORE A MAGISTRATE JUDGE FOR JURY SELECTION Upon the parties’ consent, the District Judge hereby refers this case to the Magistrate Judge for voir dire and jury selection pursuant to 28 U.S.C. § 636(b)(3). IT IS SO ORDERED. Signed at Laredo, Texas this ____ day of ___________________________. _______________________ _______________________ ____________________________ Diana Saldaña United States District Judge Marina Garcia Marmolejo United States District Judge Senior United States District Judge George P. Kazen
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AO 86A (Rev. 01/09) Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE IN A MISDEMEANOR CASE A United States magistrate judge has explained to me the nature of the charges against me and the maximum penalty that may be imposed on each charge if I am found guilty. The magistrate judge has also informed me of my right to a lawyer, my right to a jury trial, and my right to be tried, judged, and sentenced before either a United States district judge or a United States magistrate judge. I consent to being tried before a United States magistrate judge, and I waive my rights to trial, judgment, and sentencing by a United States district judge. Defendant’s signature Waiver of a Right to Trial by Jury I waive my right to a jury trial. The United States consents to the jury-trial waiver: Defendant’s signature Government representative’s signature Government representative’s printed name and title Waiver of a Right to Have 30 Days to Prepare for Trial I waive my right to have 30 days to prepare for trial. Defendant’s signature Printed name of defendant’s attorney (if any) Signature of defendant’s attorney (if any) Date: Approved by: Magistrate Judge’s signature
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS OFFICE OF THE CLERK UNITED STATES OF AMERICA VS ____________________________ § § § CRIMINAL NO. __________________ NOTICE OF APPEAL NOTICE IS HEREBY GIVEN THAT ______________________________ APPEALS TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT FROM THE: __________ CONVICTION ONLY __________ CONVICTION AND SENTENCE __________ SENTENCE ONLY __________ ORDER _______________ ENTERED IN THIS ACTION ON ______________________, ______. ________________________________ COUNSEL FOR APPELLANT ADDRESS: ________________________ ________________________ TELEPHONE: ______________________ _________________ DATE CERTIFICATE OF SERVICE A true and correct copy of this Notice of Appeal has been mailed via United States Mails, postage prepaid to counsel for Appellee this the ______ day of ________________, _________. _____________________________ COUNSEL FOR APPELLANT
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS OFFICE OF THE CLERK UNITED STATES OF AMERICA VS ____________________________ § § § CRIMINAL NO. __________________ NOTICE OF NON-APPEAL I am a defendant in this case, and I have now been sentenced. I know that I have the right to appeal to the Court of Appeals. I have discussed my case with my attorney and I have decided not to pursue an appeal. RENUNCIA A UNA APELACION Siendo el acusado en esta causa, he recibido ahora mi sentencia. Yo se bien que tengo el derecho de apelar esta sentencia a un Tribunal de Apelaciones y le he discutido con mi abogado. Sin embargo, he decidido no proceder con una apelacion. _______________ Date _______________________________ Defendant _______________________________ Attorney
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS MOTION AND ORDER FOR ADMISSION PRO HAC VICE Division Case Number versus This lawyer, who is admitted to the State Bar of _____________________________: Name Firm Street City & Zip Code Telephone Licensed: State & Number Federal Bar & Number Seeks to appear as attorney for this party: Dated: ___________________ Signed: ______________________________ COURT USE ONLY: The state bar reports that the applicant’s status is: _________________. Dated: ___________________ Signed: _____________________________ Deputy Clerk Order This lawyer is admitted pro hac vice. Dated: ___________________ ____________________________________ United States District Judge
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AO 89 (Rev. 01/09) Subpoena to Testify at a Hearing or Trial in a Criminal Case UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. SUBPOENA TO TESTIFY AT A HEARING OR TRIAL IN A CRIMINAL CASE To: YOU ARE COMMANDED to appear in the United States district court at the time, date, and place shown below to testify in this criminal case. When you arrive, you must remain at the court until the judge or a court officer allows you to leave. Place of Appearance: Courtroom No.: Date and Time: You must also bring with you the following documents, electronically stored information, or objects (blank if not applicable): Date: CLERK OF COURT Signature of Clerk or Deputy Clerk The name, address, e-mail, and telephone number of the attorney representing (name of party) , who requests this subpoena, are: AO 89 (Rev. 01/09) Subpoena to Testify at a Hearing or Trial in a Criminal Case (Page 2) Case No. PROOF OF SERVICE This subpoena for (name of individual and title, if any) was received by me on (date) . ’ I personally served the subpoena on the individual at (place) on (date) ; or ’ I left the subpoena at the individual’s residence or usual place of abode with (name) on (date) , and mailed a copy to the individual’s last known address; or , a person of suitable age and discretion who resides there, ’ I served the subpoena on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the subpoena unexecuted because ’ Other (specify): ; or . Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day’s attendance, and the mileage allowed by law, in the amount of $ . My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc:
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AO 468 (Rev. 01/09) Waiver of a Preliminary Hearing UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. WAIVER OF A PRELIMINARY HEARING I understand that I have been charged with an offense in a criminal complaint filed in this court, or charged with violating the terms of probation or supervised release in a petition filed in this court. A magistrate judge has informed me of my right to a preliminary hearing under Fed. R. Crim. P. 5, or to a preliminary hearing under Fed. R. Crim. P. 32.1. I agree to waive my right to a preliminary hearing under Fed. R. Crim. P. 5 or Fed. R. Crim. P. 32.1. Date: Defendant’s signature Signature of defendant’s attorney Printed name and bar number of defendant’s attorney Address of defendant’s attorney E-mail address of defendant’s attorney Telephone number of defendant’s attorney FAX number of defendant’s attorney
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AO 455 (Rev. 01/09) Waiver of an Indictment UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. WAIVER OF AN INDICTMENT I understand that I have been accused of one or more offenses punishable by imprisonment for more than one year. I was advised in open court of my rights and the nature of the proposed charges against me. After receiving this advice, I waive my right to prosecution by indictment and consent to prosecution by information. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney Judge’s signature Judge’s printed name and title
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA V. ___________________________ § § § CR. NO. ______________________ WAIVER OF APPEAL The defendant _______________________, in the above styled and numbered cause, hereby expressly waives the right to contest and/or appeal, either directly or collaterally, his/her guilty plea, conviction, sentence, and/or detention by means of ANY post-conviction proceeding whatsoever. Such waiver expressly includes, and Defendant expressly agrees not to file, ANY DIRECT and/or COLLATERAL attacks on the validity of Defendant’s guilty plea, conviction, sentence, and/or detention pursuant to any statute, law, procedure, or Constitutional provision whatsoever, including, without limitation Title 18, U.S.C. § 3742 and Title 28, U.S.C. §2255. Defendant is aware that Title 28, U.S.C. § 2255, affords the right to contest or “collaterally attack” a conviction or sentence after the conviction or sentence has become final. Understanding this, Defendant agrees to waive the right to “collaterally attack” his/her conviction and/or sentence in any manner whatsoever, including Title 28, U.S.C. 2255. Defendant is also aware that Title 18, U.S.C. § 3742 affords a defendant the right to appeal the sentence imposed and/or the manner in which such sentence was determined. Understanding this, Defendant agrees to waive the right to appeal the sentence imposed or the manner in which it was determined on any grounds whatsoever, including, without limitation, those set forth in Title 18 U.S.C. § 3742. The Defendant further waives all defenses based on venue, speedy trial under the Constitution and Speedy Trial Act, and the statute of limitations with respect to any prosecution that is not time barred on the date that this Agreement is signed, in the event that (a) Defendant’s conviction is later vacated for any reason, (b) Defendant violates any provision of this Agreement, or (c) Defendant’s plea is later withdrawn. SIGNED on this the _______ day of ___________________, __________. ______________________________ Defendant TIM JOHNSON United States Attorney By: _____________________________ Assistant United States Attorney Southern District of Texas ________________________________ Attorney for Defendant
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA V. ___________________________ § § § CR. NO. ______________________ WAIVER OF APPEAL The defendant _______________________, in the above styled and numbered cause, hereby expressly waives the right to contest and/or appeal, either directly or collaterally, his/her guilty plea, conviction, sentence, and/or detention by means of ANY post-conviction proceeding whatsoever. Such waiver expressly includes, and Defendant expressly agrees not to file, ANY DIRECT and/or COLLATERAL attacks on the validity of Defendant’s guilty plea, conviction, sentence, and/or detention pursuant to any statute, law, procedure, or Constitutional provision whatsoever, including, without limitation Title 18, U.S.C. § 3742 and Title 28, U.S.C. §2255. Defendant is aware that Title 28, U.S.C. § 2255, affords the right to contest or “collaterally attack” a conviction or sentence after the conviction or sentence has become final. Understanding this, Defendant agrees to waive the right to “collaterally attack” his/her conviction and/or sentence in any manner whatsoever, including Title 28, U.S.C. 2255. Defendant is also aware that Title 18, U.S.C. § 3742 affords a defendant the right to appeal the sentence imposed and/or the manner in which such sentence was determined. Understanding this, Defendant agrees to waive the right to appeal the sentence imposed or the manner in which it was determined on any grounds whatsoever, including, without limitation, those set forth in Title 18 U.S.C. § 3742. The Defendant further waives all defenses based on venue, speedy trial under the Constitution and Speedy Trial Act, and the statute of limitations with respect to any prosecution that is not time barred on the date that this Agreement is signed, in the event that (a) Defendant’s conviction is later vacated for any reason, (b) Defendant violates any provision of this Agreement, or (c) Defendant’s plea is later withdrawn. In exchange for this waiver of appeal, the United States will recommend a one (1) level downward adjustment pursuant to the United States Sentencing Guidelines, Section 5K2.0. SIGNED on this the _______ day of ___________________, _________. ______________________________ Defendant TIM JOHNSON United States Attorney By: _____________________________ Assistant United States Attorney Southern District of Texas ________________________________ Attorney for Defendant
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA vs ______________________________, § § § Criminal Action No. L- DEFENDANT’S WRITTEN WAIVER OF ARRAIGNMENT Pursuant to Federal Rule of Criminal Procedure 10(b), Defendant, ___________________, affirming that s/he has been charged via indictment or misdemeanor information and has received a copy thereof, HEREBY pleads not guilty to the charged contained therein, requests a trial by jury, and waives appearance at the arraignment scheduled in this case for _____________________. Respectfully submitted, this ________ day of ___________________, ________. __________________________ Printed Name of Defendant _______________________________ Signature of Defendant __________________________ Printed Name of Attorney _______________________________ Signature Attorney for Defendant ORDER Based on the affirmations contained in Defendant’s Written Waiver of Arraignment above, the Court HEREBY G accepts Defendant’s waiver, excuses his attendance at the arraignment scheduled in this case and ORDERS that this case be removed from the list of arraignments scheduled for _____________________________. G rejects Defendant’s waiver and requires him to attend the arraignment scheduled in this case. DONE at Laredo, Texas this _______ day of _____________________, ________. _________________________________ DIANA SALDAÑA United States Magistrate Judge
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA vs ______________________________, § § § CASE NUMBER _________________ DEFENDANT’S RESPONSE TO NOTICE OF DETENTION HEARING Defendant, files this response to the Notice of Detention Hearing which was issued by the Court. After further investigation, Defendant wished at this time to waive his/her right to the detention hearing, subject to his/her right to bring a motion concerning detention at a later date. _________________________________ DEFENDANT Respectfully submitted, _________________________________ DATE ___________________________________ ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document was hand delivered to the Assistant United States Attorney on the _______ day or ___________________, _______. _________________________________ ATTORNEY FOR DEFENDANT
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AO 466 (Rev. 01/09) Waiver of Rule 32.1 Hearing (Violation of Probation or Supervised Release) UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. Charging District’s Case No. WAIVER OF RULE 32.1 HEARING (Violation of Probation or Supervised Release) I understand that I have been charged with violating the conditions of probation or supervised release in a case pending in another district, the (name of other court) . I have been informed of the charges and of my rights to: (1) (2) (3) (4) (5) retain counsel or request the assignment of counsel if I am unable to retain counsel; an identity hearing to determine whether I am the person named in the charges; production of certified copies of the judgment, warrant, and warrant application, or reliable electronic copies of them if the violation is alleged to have occurred in another district; a preliminary hearing to determine whether there is probable cause to believe a violation occurred if I will be held in custody, and my right to have this hearing in this district if the violation is alleged to occurred in this district; and a hearing on the government’s motion for my detention in which I have the burden to establish my eligibility for release from custody. I agree to waive my right(s) to: ’ ’ ’ ’ an identity hearing and production of the judgment, warrant, and warrant application. a preliminary hearing. a detention hearing. an identity hearing, production of the judgment, warrant, and warrant application, and any preliminary or detention hearing to which I may be entitled in this district. I request that those hearings be held in the prosecuting district, at a time set by that court. I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are pending against me. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney
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AO 466 (Rev. 9/92) Waiver of Rule 40 Hearings UNITED STATES DISTRICT COURT ------------------------------------------------ DISTRICT OF------------------------------------------------- UNITED STATES OF AMERICA V. WAIVER OF RULE 40 HEARINGS (Excluding Probation Cases) _________________________________ CASE NUMBER: ___________ I, _________________________________________, understand that in the ______________________ District of ______________________________, charges are pending alleging violation of ___________________________________________ and that I have been arrested in this District and taken before a United States Magistrate Judge who informed me of the charge and of my right to: (1) retain counsel or request the assignment of counsel if I am unable to retain counsel, (2) request transfer of the proceedings to this district pursuant to Rule 20, Fed. R. Crim. P., in order to plead guilty, (3) an identity hearing to determine if I am the person named in the charge, and (4) a preliminary examination (unless an indictment has been returned or an information filed) to determine whether there is probable cause to believe an offense has been committed by me, the hearing to be held either in this district or the district of prosecution. I HEREBY WAIVE (GIVE UP) MY RIGHT TO A(N): ( ) identity hearing ( ) preliminary examination ( ) identity hearing and have bee informed I have no right to a preliminary examination ( ) identity hearing but request a preliminary examination to be held in the prosecuting district and, therefore, consent to the issuance of an order requiring my appearance in the prosecuting district where the charge is pending against me. ____________________________________ Defendant ________________________ Date ____________________________________ Defense Counsel
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AO 466A (Rev. 01/09) Waiver of Rule 5 & 5.1 Hearings (Complaint or Indictment) UNITED STATES DISTRICT COURT for the __________ District of __________ United States of America v. Defendant Case No. Charging District’s Case No. WAIVER OF RULE 5 & 5.1 HEARINGS (Complaint or Indictment) I understand that I have been charged in another district, the (name of other court) . I have been informed of the charges and of my rights to: (1) (2) (3) (4) (5) (6) retain counsel or request the assignment of counsel if I am unable to retain counsel; an identity hearing to determine whether I am the person named in the charges; production of the warrant, a certified copy of the warrant, or a reliable electronic copy of either; a preliminary hearing within 10 days of my first appearance if I am in custody and 20 days otherwise — unless I am indicted — to determine whether there is probable cause to believe that an offense has been committed; a hearing on any motion by the government for detention; request transfer of the proceedings to this district under Fed. R. Crim. P. 20, to plead guilty. I agree to waive my right(s) to: ’ ’ ’ ’ an identity hearing and production of the warrant. a preliminary hearing. a detention hearing. an identity hearing, production of the warrant, and any preliminary or detention hearing to which I may be entitled in this district. I request that those hearings be held in the prosecuting district, at a time set by that court. I consent to the issuance of an order requiring my appearance in the prosecuting district where the charges are pending against me. Date: Defendant’s signature Signature of defendant’s attorney Printed name of defendant’s attorney
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS OFFICE OF THE CLERK UNITED STATES OF AMERICA VS ____________________________ § § § CRIMINAL NO. __________________ WAIVER OF SPEEDY TRIAL LIMITS As the defendant in the above captioned cause, I desire to waive my right to be tried within the time limits set forth by the Plan for the United States District Court for the Southern District of Texas, for achieving prompt disposition of criminal cases, dated August 5, 1975, which was promulgated pursuant to Rule 50(b), Federal Rules of Criminal Procedure and the Speedy Trial Act of 1974, Title 18, United States Code, Section 3165(c). In filing this waiver, I am fully aware that criminal matters are to be given preference to the Court’s Docket and the above plan requires that my trial commence within 90 days following the beginning of my continuous federal custody, or within 60 days of my plea of not guilty, if I am not in federal custody. Further, I am fully aware that failure of the Court to comply with the time limits set forth by the above plan without my consent may justify dismissal of this action for unnecessary delay. Lastly, I am fully aware that this Court is not designating a definite time for the trial of my case and is only representing that it is to be tried at the earliest practicable date consistent with other docket requirements. I have consulted with my attorney regarding the waiver of my right to be tried within the trial limits set forth by the above plan and he/she agrees with my decision. _______________ Date _______________________________ Defendant _______________________________ Attorney for Defendant
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION UNITED STATES OF AMERICA vs ______________________________, § § § Criminal Action No. _________________ WAIVER OF THIRTY DAYS TO PREPARE FOR TRIAL Defendant, _________________________________, accused of______________________ _______________________________________, in violation of Title _______, United States Code, Section _________, hereby waives the thirty days to prepare for trial pursuant to Title 18, United States Code, Section 3161(c)(2). _______________________________ DEFENDANT _______________________________ Counsel for Defendant Date: _________________________
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